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H. Kent AguillardH. Kent Aguillard Attorney at Law; Eunice, La.

Paul N. DeBaillonDeBaillon & Miley; Lafayette, La.

Hon. Douglas D. DoddU.S. Bankruptcy Court (M.D. La.); Baton Rouge

David W. Houston, IVBurr & Forman LLP; Nashville, Tenn.

Hon. Jeffrey P. NormanU.S. Bankruptcy Court (W.D. La.); Shreveport

Patricia A. RedmondStearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, PA; Miami

Professionalism/Civility Task Force

Professionalism/Civility Task Force

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“Every lawyer at least once in every case feels himself crossing a line that he doesn’t really mean to cross, it happens and if you cross it enough times it disappears forever. And then you’re nothing but another lawyer joke. Just another shark in the dirty water.” -The Rainmaker

Jessica D. Gabel Georgia State

University College of Law

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An Ethical person often chooses to do more than the law requires and less than the law allows; there is a big difference between what you have a right to do and what is right to do.

Justice Potter Stewart

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� Rudeness—unnecessary rudeness

� Unsupported imputation of improper motives

�  The Ethics Rules regulating us are the minimum standard or the floor that supports our status as a lawyer in good standing.

�  Rules of ethics mandate required behavior.

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� Damage to your reputation, your credibility and your livelihood.

� Increases stress and leads to greater dissatisfaction with your practice of law.

� Sanctions by court and bar.

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� Zealousness v. misconduct

� Aspirational language leads to apathy?

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� The role of the judge •  Handle on-the-spot •  Sanctions •  Disciplinary referral

� The role of other lawyers •  Informal mechanisms/peer pressure •  Seek sanctions •  Disciplinary referral

�  Courtesy �  Manners �  Constructive interpersonal

interaction �  Humility �  Collegiality

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� Context is important.

� Perspectives on civility/incivility are culturally driven.

� State bars

� Individual courts (Bank. E.D.N.Y.)

� Committees on professionalism

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� Not reflect ill feelings of our clients.

� Not attribute bad motives w/o good cause.

� Adhere to express promises and agreements, oral or written.

� Stipulate to undisputed, relevant matters.

� Not manipulate timing of filing or service for delay or tactical advantage.

� Lawyers’ duties

� Judges’ duties

� Professionals’ duties

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� “These standards shall not be used as a basis for litigation or for sanctions or penalties.”

� Consult on scheduling to avoid conflicts.

� Accommodate previously scheduled conflicts, including vacations.

� Agree to reasonable requests for extensions of time.

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� “Civility is not a sign of weakness”

-John F. Kennedy

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� Debtor’s counsel responds to requests for production.

� Gives creditor’s counsel every document (most of which are non-responsive).

� Hotly disputed adversary proceeding � Litigator makes repeated comments that

she will “make dog meat” out of the other side and “show the local lawyers who’s boss.”

� Judge orders mediation.

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� Lawyer emails Word document to opposing counsel

� Receiving lawyer “mines” document for metadata

� Locates comments inserted by opposing side.

� Senior partner brings junior associate to deposition

� Junior associate failed to pre-mark exhibits

� Partner berates the associate for several minutes in front of client and opposing counsel

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� Rule 2004 examination in a fraudulent transfer case. •  Junior lawyer is defending the debtor in the

deposition. •  Senior lawyer represents the creditor

� Creditor’s lawyer asks the debtor: “Did you speak with your lawyer about this transfer?”

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� Lawyer A is about to leave for vacation and asks Lawyer B for an extra 5 days to respond to a document request (which is currently due the day she returns from vacation).

� Client instructs Lawyer B not to make any accommodations and states: “if you can’t make it difficult for them, I’ll find someone who can.”

� Lawyer emails opposing counsel an email requesting a response ASAP.

� Opposing counsel’s client instructs lawyer to “let them stew for a few days.”

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� Lawyer A knows on Monday that lawyer B is going out of town Friday night.

� Lawyer A deliberately waits to send an

email to Lawyer B at 4:45pm on Friday that requires an immediate response.